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Issues Checklist 1 (October 7, 2008)

handle is hein.nccusl/nccpub01020 and id is 1 raw text is: MEMORANDUM TO: Drafting Committee on Electronic Recordation of Custodial Interrogations: Members, Advisors, Observers FROM: Andrew E. Taslitz, Reporter DATE: October 7, 2008 RE: Issues Checklist for First Meeting, October 31, 2008 This memorandum simply outlines each of the issues for this Committee to resolve before drafting can begin on a proposed uniform statute on electronic recording of custodial interrogations. This memorandum will also briefly list options to consider in resolving some of these issues. A separate Issues Memorandum has been distributed analyzing each of these issues, but the current memorandum serves as a helpful checklist and reminder. Here are the issues and some selected options: 1. Should audio recording, video recording, or both be required? Options: (a) both are presumptively mandated, but audio alone is acceptable when video is not reasonably available in a particular case; (b) both are required for large police departments but audio alone is acceptable for smaller ones that cannot afford the video equipment; (c) either audio or video alone or in combination will do. 2. When should recording be required, for example, should it be mandated only during custodial interrogations as defined in Miranda, or should it be required whenever any interrogation begins, custodial or not? 3. Where should recording be required, for example, only when the interrogation occurs in a police station? Also in a jail? A prison? Any location whatsoever where interrogation occurs? 4. To what crimes - for example, serious crimes, serious felonies, particular listed crimes, only homicides, or any crime whatsoever - should the recording mandate apply? 5. What camera angle, if any, should be mandated, for example, a focus on the suspect? The interrogator? Both? 6. What exceptions to the recording mandate, if any - for example, infeasibility, spontaneity, booking, suspect refusal to be taped,

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